BIDHAN ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This writ petition seeking release of the detenue on setting aside the order of detention under No.F.15(9)-PD/2019(P-X) dated 30.01.2019 Annexure-1 to this petition . has been heard with the writ petition being W.P.(C) (HC) No.09 of 2019 Sri Nirmal Shil v. State of Tripura & Ors. . as it has been asserted by the counsel for the parties that even though there are some differences in the factual matrix of two writ petitions but the grounds of challenge are identical.

(2.) . The petitioner, hereinafter referred to as the detenue, has asserted that as he has raised the voice against the illegal activities of some anti social elements who are having the political affiliation, they demonstrate their hostility by influencing the administration. As the detenue has earned the displeasure and animosity, he has been falsely implicated in some cases under different police stations, even under Section 27(B) of Narcotic Drugs and Psychotropic Substances Act, 1988, the NDPS Act in short, but not under Section 27A which provides that whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

(3.) . Section 27B provides punishment for contravention of Section 8A of the NDPS Act which deals with prohibition of certain activities relating to property derived from the offence. When the detenue was under custody, the detention order dated 30.01.2019 has been passed by the Addl. Secretary, Department of Home, Government of Tripura invoking the provisions of Section 3(1) of the Prevention of Illegal Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, for short the PITNDPS Act. According to the detenue, the said order is absolutely groundless and untenable in law. The grounds which can be gathered from the order dated 30.01.2019 are that the detenue was involved in the following cases: